Can a Child Born Out of Wedlock Claim Inheritance Rights?

In India, the inheritance rights of a child born out of wedlock (an illegitimate child) vary depending on the personal laws of the parties involved and the type of property being inherited. Whether or not the child has the right to inherit is determined by the specific provisions of the Hindu Succession Act, Muslim Personal Law, and the Indian Succession Act.

1. Under the Hindu Succession Act (1956):

The Hindu Succession Act applies to Hindus, Buddhists, Jains, and Sikhs. Under this law, a child born out of wedlock (illegitimate child) has the right to inherit from their biological mother and their mother's family.
An illegitimate child does not automatically inherit from the father unless the father has explicitly acknowledged the child as his or provided for inheritance in a legal will.
However, an illegitimate child can inherit the property of their father if the father acknowledges the child or the father’s property is distributed through a will that includes the child. Additionally, if the child is adopted by the father or the biological father marries the mother later, inheritance rights are established.
Under Section 16 of the Hindu Marriage Act, even children born out of wedlock are considered legitimate in the case of inheritance from the mother if the child is born within the wedlock or in cases where the parents’ marriage is declared valid by a court.

Example: A child born to an unmarried woman has the right to inherit from her estate as per Hindu law but may not automatically inherit from the biological father unless he acknowledges the child.

2. Under Muslim Personal Law:

In Muslim law, an illegitimate child (one born outside wedlock) generally does not have inheritance rights from the biological father. This is because, under Sharia law, the relationship between the father and the child is not recognized unless the father acknowledges the child or the child is legitimized through a formal marriage or acknowledgment.
However, an illegitimate child can inherit from their mother and their maternal relatives. They can also inherit from other relatives such as grandparents, if applicable.
If the father legally acknowledges the child, or if the child is recognized in the father's will, the child may inherit from the father’s estate.

Example: An illegitimate child can inherit from the mother's side but cannot inherit from the father unless the father legally acknowledges the child.

3. Under the Indian Succession Act (1925):

The Indian Succession Act applies to all non-Hindus (except Muslims, who are governed by their personal laws). Under this Act, a child born out of wedlock has inheritance rights from the biological mother and can inherit from the mother's family and relatives.
Similar to the Hindu law, an illegitimate child cannot inherit from the biological father unless the father has acknowledged the child or there is a will or legal document stating such.
The Indian Succession Act also recognizes adopted children as legal heirs, so if an illegitimate child is legally adopted by the father, the child gains inheritance rights from both the father and mother.

Example: If a child born outside of wedlock is legally acknowledged by the father, either by marriage or will, they will have the right to inherit from the father’s estate.

Key Points for Inheritance Rights of a Child Born Out of Wedlock:

• Right to Inherit from Mother: A child born out of wedlock always has the right to inherit from their biological mother and her side of the family, irrespective of the mother's marital status.
• Right to Inherit from Father: Inheritance from the biological father is more complex. Generally, an illegitimate child cannot inherit from the father unless there is an acknowledgment, formal recognition, or a will.
• Acknowledgment by Father: In cases where the biological father acknowledges the child, either during his lifetime or through legal documentation, the child can inherit from him.
• Adoption and Legal Will: If the biological father adopts the child or includes the child in his will, the child will inherit from the father’s estate.

Example:

• Hindu Example: A child born to an unmarried woman has the right to inherit from her estate. However, if the father acknowledges the child as his or includes the child in a will, the child may inherit from his property as well.
• Muslim Example: A child born outside wedlock cannot inherit from the father under Muslim personal law. However, if the father acknowledges the child or the child is included in a will, they may inherit from the father’s estate.
• Indian Succession Act Example: An illegitimate child inherits from the mother’s side of the family. If the father legally acknowledges the child or leaves a will, the child will have the right to inherit from the father.

Conclusion:

In India, a child born out of wedlock has inheritance rights from the mother’s side but faces restrictions in inheriting from the biological father unless acknowledged, adopted, or included in the father’s will. The laws governing inheritance differ based on religion and personal laws, with Hindu, Muslim, and general secular laws offering different provisions for illegitimate children. While the inheritance rights of children born outside of marriage can be complex, they can still inherit from their mother and, under certain circumstances, from the father’s estate as well.